Gauen v. Board of Education of Highland Community Unit School District No. 5

United States District Court, S.D. Illinois

July 5, 2017

KAREN GAUEN, Ed.D., Plaintiff,v.BOARD OF EDUCATION OF THE HIGHLAND COMMUNITY UNIT SCHOOL DISTRICT No. 5, Defendant.,

MEMORANDUM AND ORDER

DAVID
R. HERNDON UNITED STATES DISTRICT JUDGE.

Introduction
and Background

Pending
before the Court is defendant's motion for summary
judgment and reply (Docs. 27 & 36). Obviously, plaintiff
opposes the motion (Doc. 31). Based on the applicable case
law, the record and the following, the Court denies the
motion for summary judgment.

On
February 26, 2106, Karen Gauen, filed suit against the Board
of Education of the Highland Community Unit School District
(“Board”) for employment discrimination on the
basis of sex, 42 U.S.C. § 2000e-(f)(3) (Count I - Title
VII), 42 U.S.C. 206(d) (Count II - Equal Pay Act) and 820
ILCS 112 (Count III - Illinois Equal Pay Act of 2003).
Basically, Gauen alleges the Board paid her less compensation
for her services as principal and assistant principal than
her male counterparts. The Board filed its answer and
affirmative defenses on April 26, 2016 (Doc. 6). Thereafter,
the Board filed its motion for summary judgment and Gauen
filed her opposition. As the motion is ripe, the Court turns
to address the merits of the motion.

Dr.
Karen Gauen currently is employed as the principal of the
Highland High School, a position she has held for the past
four school years, from the start of the 2013-2014 school
year. Previously, Gauen was employed as the assistant
principal at Highland High School for the 2012-2013 school
year. Before these positions, she was employed as an
educator, including a classroom teacher, for more than
thirty-five years. She had no relevant administrative
experience as either assistant principal or principal prior
to those jobs. She has worked for the Highland school
district for over twenty-four years, mostly at the high
school. Gauen has a doctorate in Education Administration. At
the time she was promoted to assistant principal, she was the
only administrator in the District to have earned National
Board Certification. In total, Gauen has over 40 years of
experience in the education field.

Gauen
applied for assistant principal for the 2012-2013 school year
after she saw the opening that the District posted. The
Superintendent of the District, Michael Sutton, selected
Gauen to be assistant principal. As assistant principal for
one year, Gauen's salary was $79, 000 plus an additional
$1, 000 for having the National Board Certification. Barry
Thomas, Gauen's predecessor for assistant principal, made
$105, 349 (after subtracting the 12.57% increase he received
for retirement) the year before Gauen became assistant
principal. At the time of his retirement, Thomas had
twenty-six years of administrative experience. Steve Lanxon,
another assistant principal at the same time as Gauen was,
made $95, 527. Lanxon also served as the Athletic Director
for the District. At this time, Lanxon had seventeen years of
prior administrative experience as assistant principal at
Highland High School. Lanxon retired at the end of the
2014-2015 school year and he made $102, 767.

Thereafter,
the District posted the vacancy for principal for the
2013-2014 school year. Gauen applied for the position. Three
male applicants for the position were interviewed for the
position; while Gauen was not interviewed for the position.
The District hired Gauen as principal. For the 2013-2014
school year, Gauen's salary was $89, 000 annual base plus
$1, 000 for having the National Board Certification.
Gauen's current annual base salary is $103, 977. She has
a total of four years of administrative experience. Gauen
lived in the District when she was hired as assistant
principal and principal.

Derek
Hacke, Gauen's predecessor as principal, made $107, 825
(after deducting $10, 000 in salary he got as a substitute
for health insurance) the year before Gauen became principal.
Hacke became principal at the start of the 2009-20100 school
year. At the time of his hire, Hacke had nine years of
administrative experience as both assistant principal and
principal at a high school. His starting salary as principal
at Highland High School was $100, 000 annual base salary
(after deducting $10, 000 in salary he got as a substitute
for health insurance). In order to accept the principal
position at Highland High School, Hacke had to move his
family from Roxana Community School District No. 1to the
District.

Subsequently,
the District hired Chris Becker to fill the 2013-2014
assistant principal position vacated by Gauen.[2] Prior to this,
Becker had eight years of administrative experience as a high
school assistant principal. Becker's salary as assistant
principal was $90, 000 annual base salary. In order to accept
the assistant principal job at the Highland High School,
Becker had to move his family from Chatham, Illinois.

The job
posting for the principal position states this in part:

Qualifications:

Proven record of dynamic educational leadership, including
excellent interpersonal and communication skills with
students, staff, and parents Knowledge of curriculum and
instruction Successful teaching/administrative background
Ability to be part of an effective management team Strong
knowledge of school facilities management Ability to produce
an effective school climate Ability to face the challenges
caused by growing enrollment ...

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